May 2017

You Shall be Released

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A recent Ontario Court of Appeal (“ONCA”) decision, though not an estate case specifically, is an important read for all litigators and parties who settle their disputes outside of the courtroom. In the case of Biancaniello v. DMCT LLP, 2017 ONCA 386 (CanLII), the parties signed a mutual release to settle an action. Several years later, an unanticipated claim arose and the question before the ONCA was whether the release….

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Estate Litigation

Gift returned receipt required

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The Canada Revenue Agency was asked to speak to the implications of a gift return and their response included some commentary on the impact on the donor. The situation the CRA was asked to consider involved an individual taxpayer who, in 1981, gave a whole life insurance policy to a charitable foundation raising funds to support a specific college. The gift was made on the condition that the funds be….

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Canada Revenue Agency, Charitable Giving, Estate Donations, Executors, Insurance, Philanthropy/Charitable Giving, Tax Issues

Family Meetings and Power of Attorney for Personal Care

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I had the pleasure of recently attending the B’nai Brith Canada Estates and Trusts Group annual seminar, titled Power of Attorney Disputes. It was a wonderful opportunity to watch some of Ontario’s finest estate lawyers play different roles (feuding siblings and mediator) as well as hear their professional perspective on various aspects of Power of Attorney disputes regarding questionable capacity, accounting issues, estate trustees and sexual consent. While the focus….

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Elder Care, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes

The Psychology of Decision Making by Attorneys for Personal Care – What You Won’t Learn in the Substitute Decisions Act (SDA)

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In a nutshell, the duty of Attorneys for Personal Care under the SDA is to act as a substitute decision-maker (SDM) for proposed healthcare interventions if the person is incapable of making that decision, and in doing so, to make decisions in the person’s best interests and in keeping with prior expressed wishes if possible. The SDA provides guidance to those acting as an SDM in how to determine best interests,….

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Caregiving, Elder Care, Elder Law, Guardianship

Multiple Wills – the West Coast version

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This Blog was written by: Natalie Rouse Most of us are familiar with the 1998 decision of Granovsky Estate v Ontario. The case has been the leading authority to permit planning with multiple Wills in Ontario. The use of multiple Wills is now an integral part of the estate planning process for business owners and professionals. It is a frequently used and effective strategy in order to save (and in….

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Estate Administration and Probate Applications, Estate Planning, Executors, In the News, Probate Tax, Uncategorized, Wills

The Law Commission of Ontario Seeks Public Consultation

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The Law Commission of Ontario’s (LCO) Improving the Last Stages of Life project released two final research papers ahead of publishing its consultation paper. The LCO’s project examines how Ontario laws are shaping the quality of life of dying people and how end of life care can be improved in Ontario through a better understanding of the law by healthcare workers, patients, and substitute decision-makers. It also considers recommendations for….

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Capacity Law, Caregiving, Elder Law, In the News
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